FORT LAUDERDALE, Fla., May 27, 2015 /PRNewswire/ — Adi Amit, Esq., partner at preeminent law firm Lubell Rosen, recently obtained a dismissal with prejudice in a Fair Labor Standards Act (FLSA) overtime case, defending the employers – a local, closely-held business and its owner – against an individual who claimed to have been owed overtime pay and minimum wage. During the course of the case, Amit discovered that the plaintiff had used several false identities throughout the case and in sworn statements. Amit filed a motion for dismissal and, after a contested hearing, the court issued an order dismissing the case with prejudice, as sanctions against the plaintiff.
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The plaintiff was represented by K. David Kelly of J.H. Zidell, P.A. of Miami Beach. The case number is 0:14-cv-61605-BB.
The plaintiff filed his original complaint on July 11, 2014 in the Southern District of Florida, asserting claims under the FLSA, seeking approximately $65,000 in damages, exclusive of attorneys' fees and costs. Amit and his clients denied all liability.
At the deposition Amit took of the plaintiff, it was discovered that the plaintiff had lied about his identity on multiple occasions in the case, including in sworn statements. In dismissing the case as sanctions, the court agreed that plaintiff's conduct was intentional and that it has impaired the defendants' ability to prepare for trial properly.
Amit focuses his practice on employment defense litigation, representing small- to medium-sized businesses and their owners across Florida. He also helps clients in managing their employee-related needs and mitigating future possible liability. Amit has been recognized as a Florida Super Lawyers® Rising Star, editions 2010–2015, representing the top 2.5 percent of up-and-coming lawyers in the state of Florida.
"This case is an example of why strong defense against employee lawsuits is crucial. Too often, such claims are brought without any support and with little credibility. I am happy that through hard and diligent work, the truth came to light in this case and that I was able to help the client succeed," said Amit.
"In 2013 alone, almost 1,500 lawsuits were filed in South Florida federal courthouses for unpaid overtime and/minimum wage," said Steven L. Lubell, partner at Lubell Rosen. "These types of lawsuits are very common, and it is crucial for defendants to have a lawyer such as Mr. Amit on their side with knowledge and experience in these matters."
About Lubell Rosen
Lubell Rosen is a law firm dedicated to providing full service representation as well as defending and protecting entrepreneurs and business owners, physicians, healthcare professionals and businesses in the healthcare industry. The firm has been named a U.S. Top Ranked Law Firm by FORTUNE Money Magazine. Only the finest attorneys are invited to join the practice. Lubell Rosen's headquarters are located at 200 S. Andrews Ave., Suite 900, Fort Lauderdale, FL 33301. To reach Lubell Rosen's headquarters, call 954-880-9500. The firm also has offices in Coral Gables, Florida, Syosset, New York; Upper Saddle River, New Jersey; Philadelphia, Pennsylvania and Atlanta, Georgia. For more information, visit www.lubellrosen.com.
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Ana María Colmenares / Durée & Company, Inc.
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